62.2. - Definitions.
Addition (to an existing building). Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.
Area of shallow flooding. A designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.
Area of special flood hazard. The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is composed of the floodway, and the floodway fringe.
Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.
Base flood elevation. The computed elevation to which floodwater is anticipated to rise during the base flood. It is also the elevation of surface water resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Base flood elevations are shown in the FIS and on the flood insurance rate map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.
Basement. Any portion of a building having its floor sub grade (below ground level) on all sides.
Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.
Building (also see "structure"). (1) A structure with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site; or (2) a manufactured home (a "manufactured home," also known as a mobile home, is a structure built on a permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or (3) a travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.
Development. Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of equipment or materials.
Effective date of this article. September 13, 1979.
Elevated building. A nonbasement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood.
Existing construction. Any structure for which the "start of construction" commenced before September 13, 1979 or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as existing structures.
Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before September 13, 1979.
Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
Flood insurance rate map (FIRM). An official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and the risk premium zones applicable to the community.
Flood insurance study (FIS). The official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.
Floodplain. Any land area susceptible to being inundated by water from any source.
Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures, which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitation facilities or structures with their contents.
Floodway (regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floodway fringe. The area lying between the floodway and the boundaries of the 100-year floodplain.
Floor. The top surface of an enclosed area in a building including basement and/or garage, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction.
Functionally dependent facility. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term may include longterm storage, sales, or service facilities in connection with a marine facility only with the approval of the board of adjustment.
Highest adjacent grade. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.
Historic structure. Any structure that is:
(1) Listed individually on the National Register of Historic Places or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;
(2) Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a national register historic district or a district preliminarily determined by the secretary to qualify as a national register historic district; or
(3) Determined as eligible for listing on the national register by the state historic preservation officer.
Lowest floor. The lowest floor of the lowest enclosed area of a building (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicle[s], building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provision[s] of this Code.
Manufactured home. A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.
Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Mean sea level. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purpose of this ordinance, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or other datum.
National geodetic vertical datum (NGVD). As corrected in 1929, NGVD is a vertical control used as a reference for establishing varying elevations within the floodplain.
New construction. Any structure and any subsequent improvements to the structure for which the start of construction commenced on or after March 8, 1974.
New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after September 13, 1979.
Recreational vehicle. A vehicle which is built on a single chassis, has 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light-duty truck, and is designed as temporary living quarters for recreational, camping, travel or seasonal use.
Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.
Repetitive loss. Flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.
Section 1316. No new flood insurance policy or federal disaster assistance shall be provided for any property which the administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body, to be in violation of state or local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in floodprone areas. If the structure is made compliant with the applicable community's floodplain management ordinance, then the Section 1316 declaration can be rescinded by the community and flood insurance and disaster assistance eligibility restored.
Special flood hazard area (SFHA). That portion of the floodplain subject to inundation by the base flood and/or flood-related erosion hazards as shown on a FHBM or FIRM as zones A, AE, AH, AO, AR, AR/AE, AR/AO, AR/AH, AR/A, A99, or VE.
Start of construction. The date the building permit was issued, provided the actual start of construction, repair reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure. A walled and roofed building, including a liquid or gas storage tank that is principally above ground, as well as a manufactured home.
Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.
Substantial improvement. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual amount of repair work performed. The market value of the building should be either:
(1) The appraised value of the structure prior to the start of the initial repair, or improvement; or
(2) In the case of damage, the value of the structure prior to the damage occurring.
For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or
(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Substantially improved existing manufactured home parks or subdivisions. When the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads of parks or subdivisions equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.
Variance. A grant of relief from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance.
Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the Code of Federal Regulations (CFR) §44, Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and corresponding parts of this ordinance is presumed to be in violation until such time as that documentation is provided.
(Ord. No. 98-189, § 1(62.2), 4-7-1998; Ord. No. 18-716, §§ 3, 4, 10-25-2018)
